What happens if no mandatary for personal care is appointed? | ScriptaLegal
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Frequently asked questions > Incapacity, Protection > Incapacity > What happens if, pursuant to the protection mandate, a mandatary for the property is appointed, but no mandatary for personal care is appointed?

What happens if, pursuant to the protection mandate, a mandatary for the property is appointed, but no mandatary for personal care is appointed?

In such situation,a joint application must be filed to the Court, namely an application for homologation of a protection mandate as regards the appointment of the mandatary for property and his powers, and for the institution of protective supervision for the care of the person only. Note that, without the Court's approval, it will not be possible for family members to appoint themselves a mandatary for personal care or a replacement to the mandatary for property if no provision to this effect is set out in the protection mandate.

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